Kerala High Court
Kerala Water Authority vs M/S. Midland Engineering Contracting ... on 14 March, 2024
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945
WA NO. 324 OF 2024
AGAINST THE JUDGMENT DATED 15.09.2023 IN WP(C) NO.13952 OF 2022 OF
HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS NO.1 TO 3:
1 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM., PIN - 695033
2 THE CHIEF ENGINEER
KERALA WATER AUTHORITY (NORTHERN REGION) O/O. CHIEF
ENGINEER, MALAPARAMBA, KOZHIKODE., PIN - 673017
3 SUPERINTENDING ENGINEER
O/O. SUPERINTENDING ENGINEER, KERALA WATER AUTHORITY,
PH CIRCLE MALAPPURAM, MALAPPURAM., PIN - 676505
BY ADVS.
GEORGIE JOHNY
P.M.JOHNY
RESPONDENT(S)/APPELLANT:
MIDLAND ENGINEERING AND CONTRACTING COMPANY
VARIKODAN BUILDING, VALIYAPARAMBA, DOWN HILL.P.O,
MALAPPURAM/REPRESENTED BY ITS MANAGING PARTNER, PIN -
676519
BY ADV P.SHANES METHAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.03.2024,
ALONG WITH WA.296/2024, 297/2024 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 324 OF 2024 & Con. Cases
-2-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945
WA NO. 296 OF 2024
AGAINST THE JUDGMENT DATED 15.09.2023 IN WP(C) NO.20836 OF
2022 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3:
1 KERALA WATER AUTHORITY
JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM.
REPRESENTED BY ITS MANAGING DIRECTOR, PIN -
695033
2 THE CHIEF ENGINEER
KERALA WATER AUTHORITY (NORTHERN REGION), O/O.
CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE., PIN -
673017
3 SUPERINTENDING ENGINEER
O/O. SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, PH CIRCLE MALAPPURAM, MALAPPURAM., PIN
- 676505
BY ADVS.
GEORGIE JOHNY
P.M.JOHNY
RESPONDENT(S)/WRIT PETITIONER:
MIDLAND ENGINEERING CONTRACTING COMPANY
VARIKKODAN BUILDING, VALIYAPARAMBA, DOWN
HILL.P.O., MALAPPURAM. REPRESENTED BY ITS
MANAGING PARTNER, PIN - 676519
BY ADV P.SHANES METHAR
WA NO. 324 OF 2024 & Con. Cases
-3-
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.03.2024, ALONG WITH WA.324/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 324 OF 2024 & Con. Cases
-4-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945
WA NO. 297 OF 2024
AGAINST THE JUDGMENT DATED 15.09.2023 IN WP(C) NO.13876 OF
2022 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3:
1 KERALA WATER AUTHORITY,
JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695
033, REP. BY ITS MANAGING DIRECTOR., PIN - 695033
2 THE CHIEF ENGINEER,
KERALA WATER AUTHORITY (NORTHERN REGION), O/O.
CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE 673 017.,
PIN - 673017
3 SUPERINTENDING ENGINEER,
O/O. SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, P H CIRCLE MALAPPURAM, MALAPPURAM 676
505., PIN - 676505
BY ADVS.
GEORGIE JOHNY
P.M.JOHNY
RESPONDENT(S)/WRIT PETITIONER:
M/S. MIDLAND ENGINEERING CONTRACTING COMPANY,
VARIKKODAN BUILDING, VALIYAPARAMBA, DOWN HILL
P.O, MALAPPURAM 676 519, REP. BY ITS MANAGING
PARTNER., PIN - 676519
BY ADV P.SHANES METHAR
WA NO. 324 OF 2024 & Con. Cases
-5-
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.03.2024, ALONG WITH WA.324/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 324 OF 2024 & Con. Cases
-6-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945
WA NO. 298 OF 2024
AGAINST THE JUDGMENT DATED 15.09.2023 IN WP(C) NO.13853 OF
2022 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3:
1 KERALA WATER AUTHORITY,
JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695
033, REP BY ITS MANAGING DIRECTOR., PIN - 695033
2 THE CHIEF ENGINEER,
KERALA WATER AUTHORITY (NORTHERN REGION), O/O.
CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE 673 017.,
PIN - 673017
3 SUPERINTENDING ENGINEER,
O/O. SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, P H CIRCLE MALAPPURAM, MALAPPURAM, 676
505., PIN - 676505
BY ADVS.
GEORGIE JOHNY
P.M.JOHNY
RESPONDENT(S)/WRIT PETITIONER:
M/S. MIDLAND ENGINEERING CONTRACTING COMPANY,
VARIKKODAN BUILDING, VALIYAPARAMBA, DOWN HILL
P.O., MALAPPURAM 676 519, REP. BY ITS MANAGING
PARTNER., PIN - 676519
BY ADV P.SHANES METHAR
WA NO. 324 OF 2024 & Con. Cases
-7-
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.03.2024, ALONG WITH WA.324/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 324 OF 2024 & Con. Cases
-8-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945
WA NO. 300 OF 2024
AGAINST THE JUDGMENT DATED 15.09.2023 IN WP(C) NO.13873 OF
2022 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3:
1 KERALA WATER AUTHORITY,
JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695
033, REP. BY ITS MANAGING DIRECTOR., PIN - 695033
2 THE CHIEF ENGINEER,
KERALA WATER AUTHORITY (NORTHERN REGION), O/O.
CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE 673 017.,
PIN - 673017
3 SUPERINTENDING ENGINEER,
O/O. SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, P H CIRCLE MALAPPURAM, MALAPPURAM 676
505., PIN - 676505
BY ADVS.
GEORGIE JOHNY
P.M.JOHNY
RESPONDENT(S)/WRIT PETITIONER:
M/S.MIDILAND ENGINEERING CONTRACTING COMPANY,
VARIKKODAN BUILDING, VALIYAPARAMBA, DOWN HILL
P.O., MALAPPURAM 676 519, REP. BY ITS MANAGING
PARTNER., PIN - 676519
BY ADV P.SHANES METHAR
WA NO. 324 OF 2024 & Con. Cases
-9-
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.03.2024, ALONG WITH WA.324/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 324 OF 2024 & Con. Cases
-10-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945
WA NO. 317 OF 2024
AGAINST THE JUDGMENT DATED 15.09.2023 IN WP(C) NO.13946 OF
2022 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3:
1 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALA
BHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM 695
033., PIN - 695033
2 THE CHIEF ENGINEER
KERALA WATER AUTHORITY (NORTHERN REGION), O/O.
CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE., PIN -
673017
3 SUPERINTENDING ENGINEER
O/O. SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, PH CIRCLE KOZHIKODE, MALAPARAMBA.P.O.,
KOZHIKODE., PIN - 676505
BY ADVS.
GEORGIE JOHNY
P.M.JOHNY
RESPONDENT(S)/WRIT PETITIONER:
M/S. MIDLAND ENGINEERING AND CONTRACTING COMPANY,
VARIKODAN BUILDING, VALIYAPARAMBA, DOWN HILL.P.O,
MALAPPURAM 676519. REPRESENTED BY ITS MANAGING
PARTNER., PIN - 676519
BY ADV P.SHANES METHAR
WA NO. 324 OF 2024 & Con. Cases
-11-
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.03.2024, ALONG WITH WA.324/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 324 OF 2024 & Con. Cases
-12-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945
WA NO. 325 OF 2024
AGAINST THE JUDGMENT DATED 15.09.2023 IN WP(C) NO.13947 OF
2022 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3:
1 KERALA WATER AUTHORITY
JALABHAVAN, VALLAYAMBALAM, THIRUVANANTHAPURAM.
REP. BY ITS MANAGING DIRECTOR, PIN - 695033
2 THE CHIEF ENGINEER
KERALA WATER AUTHORITY(NORTHERN REGION), O/O.
CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE., PIN -
673017
3 SUPERINTENDING ENGINEER
O/O. THE SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, PH CIRCLE, KOZHIKODE,
MALAPARAMBA.P.O., KOZHIKODE., PIN - 673009
BY ADVS.
GEORGIE JOHNY
P.M.JOHNY
RESPONDENT(S)/WRIT PETITIONER:
MIDLAND ENGINEERING AND CONTRACTING COMPANY
VARIKODAN BUILDING, VALIYAPARAMBA, DOWN
HILL.P.O., MALAPPURAM. REP. BY ITS MANAGING
PARTNER., PIN - 676519
BY ADV P.SHANES METHAR
WA NO. 324 OF 2024 & Con. Cases
-13-
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.03.2024, ALONG WITH WA.324/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 324 OF 2024 & Con. Cases
-14-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945
WA NO. 388 OF 2024
AGAINST THE JUDGMENT DATED 15.09.2023 IN WP(C) NO.13957 OF
2022 OF HIGH COURT OF KERALA
APPELLANT(S)/RESPONDENTS 1 TO 3:
1 KERALA WATER AUTHORITY
JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM.
REPRESENTED BY ITS MANAGING DIRECTOR., PIN -
695033
2 THE CHIEF ENGINEER
KERALA WATER AUTHORITY (NORTHERN REGION), O/O.
CHIEF ENGINEER, MALAPARAMBA, KOZHIKODE., PIN -
673017
3 SUPERINTENDING ENGINEER
O/O. SUPERINTENDING ENGINEER, KERALA WATER
AUTHORITY, PH CIRCLE KOZHIKODE, KOZHIKODE., PIN -
673009
BY ADVS.
GEORGIE JOHNY
P.M.JOHNY
RESPONDENT(S)/WRIT PETITIONER:
MIDLAND ENGINEERING AND CONTRACTING COMPANY
VARIKODAN BUILDING, VALIYAPARAMBA, DOWN
HILL.P.O., MALAPPURAM. REPRESENTED BY ITS
MANAGING DIRECTOR, PIN - 676519
BY ADV ADV.P.SHANES METHAR(B/O)
WA NO. 324 OF 2024 & Con. Cases
-15-
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
14.03.2024, ALONG WITH WA.324/2024 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 324 OF 2024 & Con. Cases
-16-
JUDGMENT
A.J.DESAI, CJ.
The challenge in these appeals is confined to the latter portion of the directions contained in paragraph No.13 of the common judgment.
2. The contention of the appellant in all the appeals is that the learned Single Judge has directed to pay the dues on the basis of the agreement / supplemental agreement, within a period of one month.
The learned Counsel appearing for the appellant states that, due to financial constraints, the appellant has prepared a seniority list of the contractors, for disbursement of the bill amounts. He, therefore, would submit that the amount shall be disbursed, but according to the seniority list of contractors to whom the dues are to be paid, and therefore, the judgment be modified accordingly.
3. On the other hand, the learned Counsel appearing for the respondent would submit that, it was after considering the peculiar facts, the learned Single Judge directed to pay the amount within a period of one month. He therefore, would submit that no WA NO. 324 OF 2024 & Con. Cases -17- interference is called for in these appeals.
4. We heard the learned Counsel appearing for respective parties.
5. By allowing the writ petition, following directions have been issued by the learned Single Judge in paragraph No.13, which reads as under:
"13. I am of the view that the impugned communication directing the petitioner to reduce the Quoted Rate strictly not as per the terms and conditions of the tender by applying the contents of Government Order dated 01.09.2016 is not only incorrigible but fallacious and contumacious. Accordingly, the said condition in the impugned orders is hereby quashed. Writ petitions are allowed. Writ in the nature of mandamus is issued to the respondents to issue fresh work orders to the petitioner at their Quoted Rate and enter into supplemental agreements accordingly, within a period of two months, so that the petitioner contractor is able to carry out the contract within the time line and further directions is issued that in case certain works were executed, respondents shall pay to petitioners based on the agreements/supplemental agreements within one month."
WA NO. 324 OF 2024 & Con. Cases -18-
6. We have gone through the contentions in the writ petition and the prayers made thereon. We are of the considered opinion that the learned Single Judge has travelled beyond the scope of the prayers by directing the appellant to pay the amount within a period of one month. Hence, considering the submission made by the learned Counsel for the appellant, the last portion of the judgment is modified as under:
"The appellant shall pay the dues to the petitioner in accordance with the seniority list of contractors maintained by the appellant."
The writ appeals are disposed of accordingly.
Sd/-
A.J.DESAI CHIEF JUSTICE Sd/-
V.G.ARUN JUDGE uu 14.03.2024 WA NO. 324 OF 2024 & Con. Cases -19- APPENDIX OF WA 296/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE NOTICE INVITING TENDER DATED 24.12.2021 FOR THE SUBJECT MATTER WORK RESPONDENT ANNEXURES Annexure-R1(C) A true copy of the certified CB3 Voucher CC 15th and Part bill Rs. 3,76,96,775 Annexure-R1(B) A true copy of the Supplementary agreement No.3 dated 13.12.2023 for revised work order to original agreement No. SE/PHC/MPM/04/2022-23 dated 12.04.2022 Annexure-R1(A) A true copy of the revised work order (No.SE/PHC/MPM/ DB1/44026/2021) dated 08.12.2023 Annexure-R1(D) A true copy of the order dated 09.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024 Annexure-R1(E) A true copy of the order dated 23.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024 WA NO. 324 OF 2024 & Con. Cases -20- APPENDIX OF WA 297/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE NOTICE INVITING TENDER DATED 11.02.2022 FOR THE SUBJECT MATTER WORK RESPONDENT ANNEXURES Annexure-R1(A) A true copy of the revised work order No.SE/PHC/MPM/DB1/JJM/45430(AANDB)/2021 dated 08.12.2023 Annexure-R1(B) A true copy of the Supplementary agreement No.3 dated 13.12.2023 for revised work order to original agreement No. SE/PHC/MPM/05/2022-23 dated 12.04.2022 Annexure-R1(C) A true copy of the certified CB3 Voucher - (CC 15th and Part bill) for a sum of Rs. 3,45,49,198 Annexure-R1(D) A true copy of the order dated 09.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024 Annexure-R1(E) A true copy of the order dated 23.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024 WA NO. 324 OF 2024 & Con. Cases -21- APPENDIX OF WA 298/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE NOTICE INVITING TENDER DATED 11.02.2022 FOR THE SUBJECT MATTER WORK.
RESPONDENT ANNEXURES Annexure-R1(A) A true copy of the revised work order (No.SE/PHC/MPM/DB1/JJM/373/2021) dated 08.12.2023 Annexure-R1(C) A true copy of the certified CB3 Voucher - (CC 13th and Part bill) for a sum of Rs. 1,55,43,393 Annexure-R1(D) A true copy of the order dated 09.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024 Annexure-R1(E) A true copy of the order dated 23.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024 Annexure-R1(B) A true copy of the Supplementary agreement No.3 dated 13.12.2023 for revised work order to original agreement No. SE/PHC/MPM/06/2022-23 dated 12.04.2022 WA NO. 324 OF 2024 & Con. Cases -22- APPENDIX OF WA 300/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE NOTICE INVITING TENDER DATED 29.01.2022 FOR THE SUBJECT MATTER WORK.
RESPONDENT ANNEXURES Annexure-R1(B) A true copy of the Supplementary agreement No.3 dated 13.12.2023 for revised work order to original agreement No. SE/PHC/MPM/08/2022-23 dated 18.04.2022 Annexure-R1(A) a true copy of the revised work order (No.SE/PHC/MPM/DB4/39245/2021) dated 08.12.2023 Annexure-R1(C) A true copy of the certified CB3 Voucher - (CC 7th and Part bill) for a sum of Rs. 3,84,74,315 Annexure-R1(D) A true copy of the order dated 09.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024 Annexure-R1(E) A true copy of the order dated 23.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024 WA NO. 324 OF 2024 & Con. Cases -23- APPENDIX OF WA 317/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE NOTICE INVITING TENDER DATED 10.01.2022 FOR THE SUBJECT MATTER WORK .
RESPONDENT ANNEXURES Annexure-R1(B) A true copy of the Supplementary agreement No.II dated 28.12.2023 for revised work order to original agreement No. SE/PHC/KKD/03/2022-23 dated 19.04.2022 Annexure-R1(E) A true copy of the order dated 23.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024 Annexure-R1(C) A true copy of the certified CB3 Voucher - (CC 5th and Part bill) for a sum of Rs. 3,45,44,805/- dated 16.2.2024 Annexure-R1(D) A true copy of the order dated 09.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024 Annecure-R1(A) A true copy of the revised work order (No.SE/PHC/KKD/D6-1484/2021) dated 06.12.2023 i WA NO. 324 OF 2024 & Con. Cases -24- APPENDIX OF WA 325/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE NOTICE INVITING TENDER DATED 12.01.2022 FOR THE SUBJECT MATTER WORK.
RESPONDENT ANNEXURES Annexure-R1(C) A true copy of the certified CB3 Voucher - (CC 10th and Part Bill) for a sum of Rs. 3,82,24,121 dated 5.1.2024 Annexure-R1(A) A true copy of the revised work order (SE/PHC-KKD/D3-1481/2021) dated 13.12.2023 Annexure-R1(B) A true copy of the Supplementary agreement No.III dated 27.12.2023 for revised work order to original agreement No. SE/PHC/KKD/04/2022-23 dated 20.04.2022 Annexure-R1(D) A true copy of the order dated 09.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024 Annexure-R1(E) A true copy of the order dated 23.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024 WA NO. 324 OF 2024 & Con. Cases -25- APPENDIX OF WA 388/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE NOTICE INVITING TENDER DATED 05.02.2022 FOR THE SUBJECT MATTER WORK WA NO. 324 OF 2024 & Con. Cases -26- APPENDIX OF WA 324/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE NOTICE INVITING TENDER DATED 05.02.2022 FOR THE SUBJECT MATTER WORK RESPONDENT ANNEXURES Annexure-R1(B) True copy of the Supplementary agreement No.3 dated 27.12.2023 for revised work order to original agreement No. SE/PHC/KKD/02/2022-23 dated 20.04.2022 Annexure-R1(A) A true copy of the revised work order (No.1236/D5//PHC-KKD) dated 01.12.2023 Annexure-R1(C) A true copy of the certified CB3 Voucher - (for Part Bill (1 to 9)-RA Bill No.10) for a sum of Rs. 2,23,31087 Annexure-R1(D) A true copy of the order dated 09.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024 Annexure-R1(E) A true copy of the order dated 23.02.2024 of the Hon'ble court in Con.Case (C) No. 177/2024